LexThe Assam Yoga Council Act, 2018
Assam · state statute
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THE ASSAM GAZETTE
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EXTRAORDINARY
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PUBLISHED BY THE AUTHORITY
"if~ 182 fWxt~. llbtG4<11~, 10 ~~. 2018, 20 D"'\!;, 1940 ~)
No. 182 Dispur, Tuesday, 10th April, 2018, 20th Chaitra, 1940 (S.E.)
GOVERNMENT OF ASSAM
ORDERSBYTHEGOVERNOR
LEGISLATIVE DEPARTMENT::: LEGISLATIVE BRANCH:: DISPUR
NOTIFICATION
The 6th April, 2018
No. LGL. 81/2017/9.- The following Act of the Assam Legislative Assembly
,, which received the assent of the Governor on 31st March, 2018 is hereby published for
general information.
ASSAM ACT NO. VII OF 2018
(Received the assent of the Governor on 31st March, 2018)
THE ASSAM YOGA COUNCIL ACT, 2018
886 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018
Preamble
Short title, extent
and commencement:
Defl"itlons :
AN
ACT
to provide for the development of the Yoga and to regulate the teaching and
practice thereof In the State of Assam and the matters connected therewith or
incidental thereto .
Whereas, it is expedient, in the public interest, to provide for the
development of the Yoga Council and to regulate the teaching and practice
thereof and to deal with certain other matters connected therewith
or incidental thereto; It is hereby enacted in the Sixty-ninth Year of
the Republic of India, by the legislature of Assam, as follows :-
1. (1) This Act may be called the Assam YOGA COUNCIL ACT,2018.
(2) It extends to whole of Assam.
(3) It shall come into force on such date as the State
Government may, by notification in the Official Gazette,
appoint.
2. In this Act, unless the context otherwise requires ,-
(a) "Accreditation" means the recognition granted to
educational institutions and hospitals to signtfy the
attainment of an acceptable I eve I of professional
expertise, academic quality and integrity;
(b) "Competent Authority" means the Assam Yoga Council,
which shall grant registration and accreditation under
this Act and the rules made hereunder and shall have
the authority to conduct inspections and evaluation
visits for the purpose;
(c) "Council" means the Assam Yoga Council constituted
under section 3;
(d) "Hospital" means a Yoga and Naturopathy Hospital with
minimum of ten in-patient beds and an out-patient
department;
(e) "Institution" means·-
(i) Medical college conducting the Bachelor of
Naturopathy and Vogle Sciences {BNYS} Course
and Post-graduate Courses;
(ii) Yoga based treatment institution; and
(iii) Research institute on yoga;
{iv) Universities conducting Bachelor DElgree, Master
degree and Research In Yogic science and
Naturopathy.
Constitution
of the Council
Composition
of the Council
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018 887
(f} "Member" means a member of the Council;
(g) "Practitioner" means a person who practices Yoga as his
J1rlnclpal occupation;
(h) "Prescribed" means prescribed by rules made under this
Act;
(i) "President" means the President of the Council;
0) "Register" mean the Register of Yoga practitioners
maintained under this Act;
(k)"Registered Yoga Practitioner" means a Yoga Practitioner
registered under the provisions of this Act and the rules
made there under;
(I) "Registrar" means the Registrar of the Council and shall be
deemed to be the Registrar for all purposes of this Act;
(m) "Registration" means the registration of Yoga
Practitioners under this Act;
(n} "Regulations" means the regulations made by the Council
under this Act;
(o)"Rules" means the rules made by the State Government
under this Act;
(p) "Teacher" means any person appointed to hold a teaching
post by a Yoga institution affiliated to, or recognized by
the Council;
(q) "Vice-President" means the Vice-President of the Council;
(r) "Yoga" means a set of physical, mental and spiritual
practices for holistic enhancement of health, generally
based on the principles as prescribed in Yoga Sutra by
Patanjali.
3. As soon as may be after the commencement of this Act, the State
Government shall, by notification in the Official Gazette, establish
a body corporate with perpetual succession and a common seal
named the Assam Yoga Council. The Council shall be entitled, to
acquire and hold movable and immovable property, to transfer
such property, to enter into contract and to do all things
necessary for the purposes of this Act and shall by its name sue
and be sued.
4. (1) The Council shall consist of the following members :
{a) A President nominated by the State Government;
(b) A Vice-President nominated by the State Government;
(c) Three members nominated by the State Government of
whom two shall be registered Yoga Practitioners;
888 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018
Power of State
Government
to nominate members
in certain
circumstances
Disqualification
for nomination
or election
5.
(d} One member nominated by the Vice-Chancellor of the
Srimanta Sankaradeva University of Health Sciences, Assam;
(e) The Principal of the State Yoga College, ex-officio; when such
college is established;
(f) The head of the Yoga Research Institute ex-officio, when such
Institute is established
(Provided that until the institutions referred to in clauses (e) and
(f) are established, the Principals or head of existing similar
institutions or other suitable persons may be nominated by the
State Government;)
(g) Three members who are citizens of India, elected from such
constituencies and in such manner as may be prescribed, by the
registered Yoga Practitioners from among themselves .
(2) Notwithstanding anything contained in this Act, on the first
constitution of the Council after its establishment, all the
members of the Council shall be nominated by the State
Government. and the State Government shall also nominate the
President and the Vice-President.
If the nominating authority referred to in clause (d) of sub
section (1) of section 4, or the electo ral body referred to in
clause (g) of the said sub-section, fails by the prescribed date, to
nominate or elect the requisite number of member or members
which such authority or body is entitled to nominate or elect,
the State Government shalt fill up the office of such member or
members by nomination of a person or persons qualified to be
nominated or elected by such authority or body. Any person so
nominated by the State Government shall be deemed to have
been duly nominated or elected as a member by such authority
or body.
6. A person shall be disqualified for being nominated or elected as a
member of the Council, if:
(a) He has been convicted of any offence involving moral
turpitude;
(b) He is an un-discharged insolvent;
(c) He has been adjudged by a competent court to be of unsound
mind;
(d) He is an employee of the Council;
(e} He has directly or indirectly any share or interest in any
contract with, by or on behalf of the Council;
(f) He has been dismissed from the service of the Central
Government or a State Government or a local authority on a
charge of gross misconduct for an offence involving moral
turpitude;
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018 889
Publication of names
of members:
Cessation of
membership
Filling of casual
vacancies
Term of office
of Members
Resignation
The President
(g) He is a person under the age of 25 years.
7. The name of every member nominated or elected under section 4
or section 5 shall be published by the State Government in the
Official ,Gazette.
8. A person shall cease to be a member of the Council,-
( a) If, without obtaining the permission of the Council, he is
absent from three consecutive meetings of the Council; or
(b) If, having been nominated or elected as a registered Yoga
practitioner, he ceases to be such a registered practitioner; or
{c) If he becomes subject to any of the disqualifications referred
to in section 6.
9. (1) If any member dies or resigns his office or ceases to be a
member for any other reason, the vacancy shall be filled up
within six months by a fresh nomination or election under
section 4 or section 5, as the case may be, and the member so
nominated or elected shall hold office for the unexpired
period of the term of office of the member whose place he
fills.
(2) If any member referred to in clauses (b) to (f) of sub-section
(1) of section 4 is nominated as President or Vice-President, as
the case may be, there shall be a vacancy in that membership
which shall be filled up under sub-section (1) of this section.
10. (1) Subject to the provisions of section 9, the term of office of the
members nominated or elected under section 4 or section 5
shall be for five years commencing from the date of the first
meeting of the Council after its first constitution or any
subsequent periodical reconstitution, as the case may be.
(2) The term of five years referred to in sub-section (1) shall be
held to include any period which may elapse between the
expiry of the said period of five years and the date of the first
meeting of the Council following its reconstitution at which a
quorum is present.
11. The President, the Vice-President or a member may resign his
office by writing under his hand addressed to the State
Government, of which he shall send a copy to the Council.
12. (1) The President shall hold office for the period mentioned in
section 10 or until his successor is nominated, whichever is later.
(2) If the President dies or resigns his office or ceases to hold
office, the State Government shall nominate another person as
President and such President shall hold office for the unexpired
period of the term of office of the former President in whose
place he is so nominated.
890 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018
The Vice President
Executive Committee
{3) In the event of occurrence of any vacancy in the office of the
President under sub-section (2), the Vice-President shall
discharge the functions of the President until a new President is
nominated.
(4) When the President is unable to discharge the duties of his
office owing to absence, illness or any other cause, the Vice
President shall discharge the functions of the President until the
date on which the President resumes his duties.
13. (1) The Vice-President shall hold office for the period mentioned
in section 10.
(2) If the Vice-President dies or resigns his office or ceases to hold
office, the State Government shall nominate another Vice
President in such manner as may be prescribed, and such Vice
President shall hold office for the unexpired period of the term of
office of the former Vice-President whose office he fills.
14. (1) The members of the Council shall constitute from amongst
themselves an Executive Committee to perform such functions,
discharge such duties and exercise such powers as may be
delegated to it by the Council.
(2) The Executive Committee shall consist of the President, the
Vice-President, and five other members elected by the members
of the Council in the prescribed manner from among themselves.
(3) The President and the Vice-President of the council shall be
the President and the Vice-President, respectively, of the
Executive Committee.
(4) The term of office of an elected member of the Executive
Committee shall be two years from the date of his election, but,
subject to his being a member of the Council, and he shall also be
eligible for re-election to the Executive Committee.
(5) No business shall be transacted at any meeting of the _
Executive committee unless a quorum of three members is
present.
(6) The Council may, subject to the approval of the State
Government, appoint one or more committees consisting of
members of the Councilor outsiders or both, on such terms as
may be approved by the State Government, for the purpose of
advising it on such matters as it deems necessary, and may
appoint, for any such committee, a convener who shall convene
the meeting of the said committee and one of the members of
the committee shall preside over the meetings of such
committee.
(7) The Council may make regulations for conduct of the business
of the Executive Committee and also of the other committee
appointed by it.
Meetings
Expenses to be paid
to members and
other persons
Powers of Council
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018 891
15. (1) The Council shall hold its meetings at such intervals and at
such places as may be provided by regulations.
(2) No business shall be transacted at any meeting of the Council
unless a ·quorum of five members is present.
(3) Save as provided in sub-section (2) of section 23, all questions
arising at any meeting shall be decided by votes of the majority of
the members present and voting, and, in the case of an equality
of votes, by the casting vote of the President or, in his absence of
the Vice-President and in case both are absent, of the member
presiding at the meeting.
16. The Council shall pay to its President, Vice-President and
members and other persons appointed by it to any committee
referred to in .section 14, such expenses for attending meetings of
the Council, Executive Committee of the Council and of such
committee, including such travelling expenses for journeys
undertaken in performance of the duties as may be prescribed .
17. The Council shall have the following powers:-
(1) To grant affiliation and accreditation to institutions teaching
the Yoga Council or to withdraw such affiliation and accreditation
after giving the authorities of institution an opportunity to show
cause against the action proposed to be taken, and to call on the
authority of any such institution or of an institution applying for
affiliation and accreditation to furnish within such period as may
be specified, such reports, returns or other information as the
Council may require to judge the efficiency of the institution:
Provided that such affiliation and accreditation will be
granted or withdrawn by the Council with the consent of the
State Government;
(2) To establish standard and accredited Yoga Institution for
development and expansion of this system of medicine
throughout the State;
(3) To confer registration on the institutionally qualified
professional practitioners under this Act;
(4) To confer registration to other Yoga Practitioners fulfilling the
terms and conditions as laid down in this Act;
(S) To provide by regulations, courses of study for different
classes of registrations of Yoga Practitioners;
(6) To exercise general supervision over the residential and
disciplinary arrangements made by the insbtutions affiliated and
accredited with the Council and arrangements for promoting the
health and general welfare of the students of such institutions;
(7) To acknowledge the University about the grant of affiliation to
all institution and hospital, teaching students and treating
892
Registrar and staff
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018
patients under the Yoga Council or the withdrawal or suspension
of affiliation and accreditation of such an institution;
(8) To appoint, on such terms as the Council may, with the
previous sanction of the State Government, determine, such
number of inspectors for the inspection of institutions teaching
the Yoga Council as the Council may deem fit;
(9) To advise the State Government and the University in the
matter of research in Yoga Council;
(10) To confer honorary degree on Yoga Practitioners of
extraordinary merit;
(11) To receive grants, donations, gifts and endowments;
(12) To frame and implement a coordinated scheme of public
health of the State, based on the Yoga Council, with or without
the addition of modern technique;
(13) To incur such expenditure, to adopt such measures and to do
such acts as may be necessary for the furtherance of the
objectives mentioned in this section;
(14) To perform such other functions as the State Government
may direct or the Council may decide for carrying out the
provisions of this Act.
18. (1) The Council shall, with the previous approval of the State
Government, normally appoint a Registrar. The Registrar shall
receive such salary and allowances as may be prescribed. The
Council may grant him leave and may appoint a person to act in
his place. Any person duly appointed to act as Registrar shall be
deemed to be the Registrar for all purposes of this Act.
(2) The Council shall have· power to suspend, punish, remove or
dismiss the Registrar from office on such grounds as may be
prescribed and subject to compliance of the natural justice:
Provided that any such order of the Council shall be subject
to appeal to the State Government.
{3) In case of any dispute or any exigency, the State Government
may appoint a Registrar of the Council, who shall be treated by
the Council as the Registrar for all purposes of this Act.
(4) The Council may appoint the officers and staff of the Council
as per organizational structure of the Council approved by State
Government. With prior approval of Finance (SIU) Department
through the administrative department. The salaries and
allowances of the officers and staff of the Council shall be as
determined by the State Government.
(5) The Registrar shall be the Secretary of the Council and of its
Executive Committee and other committees.
!
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018 893
Register of registered
Yoga Practitioners
Persons entitled to be
registered
(6) The Registrar, either appointed by the Council or by the State
Government, all officers and staff appointed by the Council shall
work uoder the direct control and supervision of the President, or
in his absence, of the Vice-President.
19. (1) The Council shall maintain a register of Yoga Practitioners in
such from as may be prescribed.
{2) The Registrar shall from time to time make necessary entries
in the register in respect of the persons whose names are to be
registered, their qualifications and their addresses and may also
make such alterations or modifications therein as may be
required in consequence of any order passed by the Council.
(3) The Council Shall take appropriate actions on all adverse audit
observations made by the AG (Audit) and shall submit annual
report to Govt. on the action taken on such audit observations .
Council shall also manage its financial affairs with highest level of
financial propriety.
20. (1) Every person who possesses a 5 years or 5 ~ years Degree in
Naturopathy and Yogic Sciences (BNYS) or Master Degree in Yoga
and Naturopathy from any University set up by a statute shall,
subject to the provisions of this Act and on payment of such fee
as may be prescribed, be entitled to have his name entered in the
register for Class' A' registration.
(2) Every institutionally qualified professional practitioner
possessing a Bachelor degree in Yogic Sciences (BYSc.) in Yoga or
Post Graduate Diploma in Vogle Science (PGDYSc.) awarded by
any Government or Government recognized institution, subject to
the provisions of this Act and on payment of such fee as may be
prescribed, be entitled to have his name entered in the register
for Class 'A' registration .
(3) In exceptional cases, Class 'A' registration may also be given
as a onetime measure to self-educated Yoga Practitioners who
are Post-graduates in any subject and who have at least 25 years
of working experience in a reputed and established Yoga Hospital
or College and who are not less than 45 years of age, on payment
of prescribed fee and subject to the provisions of this Act.
(4) In recognition of the fact that there is a significant number of
self-educated Yoga Practitioners, "Class B" registration may also
be given as a onetime measure to self-educated full time Yoga
Practitioners who are not institutionally qualified, and are not
less than 35 years of age and who have a minimum of 15 years of
full time proven clinical experience and who have passed Class XII
894 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018
Accreditation of
Institutions
Information of
applicant required for .
registration
or 10 + 2 from a State Board, the Central Board of Secondary
Education or the Council for the Indian School Certificate
Examinations subject to the provisions of this Act and on payment
of prescribed fee.
(5) Every person wh-0 has been registered under any Statutory
State Council or Board of Yoga and Naturopathy shall, subject to
the provisions of this Act and on payment of prescribed fee, be
granted registration in the same category as granted to him by
that State Council or Board. ·
(6) Notwithstanding anything contained in sub-sections (3) and
(4), every person who, within a period of two years from the date
of commencement of this Act; produces proof that he has been in
regular practice for the prescribed period preceding such date
and has attained the minimum age-limit on the date of
application for registration, shall be entitled to have his name
entered in the register on payment of prescribed fee.
(7) The registrations under this section shall be done in
accordance with the provisions of this Act and the rules framed
there under and on payment of prescribed fee in every case.
21. (1) The institutions including educational institution and hospitals
of Yoga shall be granted accreditation to signify the attainment of
acceptable level of professional expertise, academic quality and
integrity.
(2) The objectives of the accreditation of institutions are:
(i) To ensure that Yoga institutions offer safe, reliable and
quality medical and health care;
(ii)To ensure that institutions offering Yoga related Education
are of acceptable academic quality relevant to the health
care requirements of the count ry.
(3) Institutions desirous of being accredited should apply to the
competent authority in the pro forma prescribed with an
application fees as per norms of this Act and rules made there
under.
(4) The competent authority will grant accreditation after
conducting inspections and evaluation visits of the institution on
the basis of this Act and rules made there under and on payment
of prescribed fee.
22. (1) Every person who desires to have his name registered in the
register shall submit to the Registrar an application in the
prescribed form stating:
(i) Particulars of his qualification;
(ii) The period for which he has been in practice;
(iii) His date of birth to verify the attainment at minimum age
limit; and
THE ASSAM GAZETTE, EXTRAORDINARY,APRlL 10, 2018 895
Power of the Council
to refuse registration
or to remove name
from register in
certain cases
Renewal
Entry of additional
qualification
(iv) His address which is to be his registered address.
(2) Every application under sub-section (1) shall be accompanied
with th.e prescribed fee; such proof as may be nece~sary in
support of the qualification stated in the application and proof of
age wherever the minimum age-limit is prescribed.
23. (1) The Council may, on being satisfied that a person possesses
requisite qualification, has paid the prescribed fee and has
attained the minimum age-limit prescribed wherever necessary,
direct the registration of his name and the Registrar shall
thereupon make necessary entries In the register and grant him a
certificate of registration.
(2) The Council may refuse to permit the registration of, or direct
the removal from the register, the name of any person on the
following grounds:
(a) Who has been convicted of any offence involving moral
turpitude; or,
(b)Who has been convicted in any cognizable criminal
offence; or,
{c) Who has been after due enquiry by the Council found
guilty of any 'misconduct' by a majority of at least two
thirds of the members of the Council; Provided that the
Council may direct the name of the Practitioner
(i) To be removed from the register for such
period as may be specified in the direction, or
(Ii) To be removed from the register without
specifying the period of such removal.
24. (1) Every person whose name is entered in the register shall, for
the retention of his name in the register, pay to the Council for
every 5 years such renewal fee and at such time as may be
prescribed.
(2) Where the renewal fee is not paid by the due date, the
Registrar shall remove the name of the defaulter from register.
(3) On payrnent of the renewal fee, the Registrar shall, in the
prescribed manner, endorse the certificate of registration.
25. If any person whose name is entered in the register obtains any
qualification mentioned in the Schedule appended to this Act
other than the qualification in respect of which he has been
registered, he shall, on payment of such fee as may be prescribed,
be entitled to have such qualification entered against his name in
the register either in substitution for or in addition to any entry
previously made and the Registrar shall add to or amend the
entry accordingly.
896 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018
Appeal to the Council
against decision of the
Registrar
CanceJlation of
. fraudulent and
incorrect entries
Appeal to the State
Government against
the decision of the
Council
Notice of death and
removal of name from
register
Penalty on
unregistered person
representing that he
is registered
Penalty for failure to
surrender certificate
of registration
Prohibition of
unauthorized
conferment of
degree, diploma, etc.
and penalty for such
conferment
26. If any person is dissatisfied with any decision of the Registrar
refusing to enter his qualification under section 25 in the register,
he may, at any time, within ninety days from the date of such
decision, appeal to the Council in the prescribed manner and
decision of the Council shall be final.
27. Any entry in the register, which is proved to the satisfaction of
the Council to have been fraudulently or incorrectly made, may
be cancelled under an order in writing of the Coundl.
28. An appeal shall lie to the State Government against any order of
the Council refusing to enter the name of a person in the register
or removing his name from the register, if filed within ninety days
of the date of order, and the decision of the State Government
thereon shall be final:
Provided that the State Government shall dispose of the
appeal within a period of six months from the date of filing it.
29. The Council may, on receipt of reliable information regarding the
death of a person whose name is entered in the register, and on
making such enquiry as it may think flt, direct the removal of his
name from the register and thereupon the Registrar shall cancel
the entry relating to such person.
30. If any person, whose name is not entered in the register, falsely
pretends that it is so entered or uses, ill connection with his
name, any words or letters representing that his name is so
entered, he shall, whether any person is actually deceived by such
representation or not, be punishable, on conviction by a
Metropolitan Magistrate or a Magistrate of the First Class having
jurisdiction, with imprisonment which may extend to six months
or with fine which may extend to three thousand rupees or both .
31. (1) If any person, whose name has been removed from the
register under subsection (2) of section 23, fails, without
sufficient cause, forthwith to surrender his certificate of
registration, he shall be punishable with fine which may extend to
three thousand rupees.
(2) No cognizance of an offence punishable under this section
shall be taken except upon complaint made by an order of the
Council.
32. (1) Except the Council, no person, association or institution, not
recognized by the Council, shall confer, grant or issue, or hold
himself or itself or shall be entitled to confer, grant or issue, any
degree, diploma, license, certificate or any other document
stating or implying that the holder, grantee or recipient thereof is
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018 897
Penalty for improper
assumption of Yoga
qualifications
Publication and use of
registration list
qualified to practice the Yoga and Naturopathy System of
Medicine.
(2) Any contravention of the provisions of sub-section (1) shall be
'
punishable with imprisonment which may extend to two years or
with fine which may extend to five thousand rupees or with both;
and if any association or institution is guilty of such
contravention, every member thereof, who knowingly or willfully
authorizes or permits the contravention, shall be punishable with
imprisonment which may extend to two years or with fine which
may extend to five thousand rupees or with both.
33. (1) No person shall use any letters or figures after his name or
implying that he possesses any degree, diploma, license, or
certificate as a Yoga practitioner unless such degree, d,iploma,
license or certificate has been conferred by a recognized or
affiliated institution of the Council, or is recognized by it with the
approval of the State Government.
(2) Whosoever contravenes the provisions of sub-section (1) shall
be punishable, on first conviction, with fine which may extend to
one thousand rupees, and on any subsequent conviction, with
fine which may extend to two thousand rupees.
34. (1) The Registrar shall, from time to time, as occasion may
require, on or before the date to be fixed in this behalf by the
Council, cause to be printed and published (provided that at least
twelve months shall have elapsed from the date of the last
publication) a correct list of the names for the time being entered
in the register and setting forth therein-
a) Names of all registered Yoga Practitioners arranged in
alphabetical order according to surname;
b) The registered address of each such person;
c} The registered qualifications of each such person and the
date on which each qualification was obtained; and
d) The date of birth of each such person .
(2) The Registrar shall, from time to time, as occasion arises,
cause to be printed and published a list supplementary there to,
containing additions and alterations in the register since the
publication of the list under sub-section (l}.
(3) Every court shall presume that any person whose name is
entered in the latest list printed and published under sub-section
(1), read with the latest list supplementary thereto, if any, printed
and published under sub-section (2) is duly registered under this
898 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018
Yoga Practitioners,
other than those
registered under this
Act, not eligible for
certain appointments
Control of
manufacture, storage
and sale of Yoga
related Instruments
Bar of suit or other
legal proceeding
Validation
Finance and audit
Power to amend
Schedule
Act, and that any person whose name is not so entered is not
registered under this Act:
Provided that In the case of any person whose name does
not appear in the latest list printed and published under sub
section (1) read with the latest supplementary thereto, if any,
printed and published under sub-section (2), a certified copy of
the entry of the name of such person in the register, signed by
the Registrar, shall be the evidence that such a person is
registered under this Act.
35. Except with the special sanction of the State Government, no
Yoga practitioner, other than a registered Yoga practitioner
whose name is entered in the register, shall be competent to hold
any appointment as a Medical Officer or Teacher in any Yoga
Institution, asylum, infirmary, dispensary set up under any law for
the time being in force or in any Yoga educational institution ~
which is recognized by the Council.
36. Subject to the provisions of any law for the time being in force
relating to instruments, the State Government shall have the
power to regulate and control manufacture, storage and sale of
Yoga instruments and its modern advances by the grant of
licenses to manufactures, stockists and sellers on such conditions
as may be prescribed .
37. No suit, prosecution or other legal proceedings shall lie in respect
of any act or thing done or omitted to be done ,in the exercise or
purported to be exercised of any power conferred by or under
this Act, on the State Government or the Council or the Executive
Committee or any committee appointed by the Councilor on the
Registrar.
38. No act or thing done by the Council, the Executive Committee or
a committee appointed by the Council shall be invalid merely on
the ground of any vacancy in or defect in the composition of, the
Council, the Executive Committee or such other committee.
39. (1) All fees payable under this Act shall be paid to the Council.
(2) An account of all assets and liabilities of the Council and of all
fees, sums, grants, donations, gifts and endowments received by
it and of all expenses and disbursements incurred or made by it
shall be maintained in the prescribed manner.
(3) The account of the Council shall be entrusted to the AG
(Audit), Assam by the Health & FW Department and the Audit
report shall be submitted to the State Government and to the
Council for further appropriate actions.
40. The State Government may, by notrfication published in the
Official Gazette, amend the Schedule appended to this Act.
.,
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018 899
Power to make rules 41. (1) The State Government may, by notification published in the
Official Gazette, and with prior approval of Finance Department,
make rules for carrying out the purposes of the Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely,
(a) The election of members of the Council and members of
the Executive Committee;
(b)The functions to be performed by the President and the
Vice-President;
(c) The declaration of offences including moral turpitude and
misconduct;
(d)The fees payable under this Act;
(e)The expenses to be made under section 16;
(f) The salaries and allowances to be paid to the Registrar,
the officers and staff;
(g) The procedure for applying for different classes of
registrations and granting registrations thereof;
(h)The procedure for affiliation and accreditation to the Yoga
Colleges and Institutions;
(i) The course prescribed for Bachelor of Naturopathy and
Yogic Sciences Degree;
0) The manner in which the account referred to in sub
section {2) of section 39 shall be maintained;
(k) The procedure to be followed by the Council in:
(i) Conduct.ing an enquiry under clause (c) of sub
section (2) of section 23;
(ii) Disposing of appeals from the decision of the
Registrar preferred under section 26;
(I) the procedure for disposal of appeal made to the State
Government under section 26;
(m)Any other matter which may be or is required to be,
prescribed under this Act.
(3) Every rule made under this section shall be laid, as soon as
may be after it is made, before the State legislature, while it
is in session as may be after it is made, before the State
Legislature, while it is in session, for a total period of fourteen
days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the
session immediately following the session or the successive
900 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018
Power to make
regulations
Control on Council by
State Government
sessions aforesaid, the State Legislature agrees in making any
modification in the rule or the State Legislature agrees that
the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of
anything previously done under that rule.
42. (1) The Council may, with the previous approval of the State
Government, by notification published in the Official Gazette,
make regulations, not inconsistent with the provisions of this Act
and the rules made there under for discharging its functions
under this Act. ~
(2) In particular, and without prejudice to the generality of the
foregoing power, such regulations may provide for all or any of ,.
the following matters:
(a) The conduct of business of the Executive Committee
and of Committee appointed by the Council;
(b) The time and place at which each meeting of the
Council or Executive Committee shall be held;
{c) The issue of notices convening such meeting;
(d) The conduct of business thereat;
(e) Any matter for which power to make regulations is
conferred expressly or by implication on the Council
by this Act.
43. If, at any time, it appears to the State Government that the
Council has failed to exercise or abused a power conferred upon
it by or under this Act or has failed to perform a duty imposed
upon it by this Act, the State Government may, if it considers such
failure 1 excess or abuse to be of a serious character, after giving
the Council an opportunity of being heard, notify the pa:ticulars
thereof to the Council, and if the Council fails to remedy such
failure, excess or abuse within such time as may be fixed by the
State Government in this behalf, the State Government may
dissolve the Council and cause all or any of the powers and duties
of the Council to be exercised and performed by such other
agency and for such period as it may think fit.
,..
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018 901
THE SCHEDULE (See section 25)
Qualifications enabling a person to have his name entered in the Register
PART A
SI. No. Descrrption of the Qualifications. ' Name of the managing body or I
authority granting or conferring l
I
!--1.--+--B-N_Y_S_(B_a_c_h_e_lo_r_o_f_N_a_t_u_ro_p_a_th_y_a __ n_d_Y_o_g_ic----+-F-r_o_m_a- ny University set up by a statute ~
Sciences) S years or 5+1 years course in India. ___ _j
2. MNYS (Master of Naturopathy and Yogic ' Awarded by any Government I
3
Sciences)·3 years course the qualifications and Recognized University in India j
its location. I I
I
i
Bachelor in Yoga Sciences (BYSc) and Master Awarded by any Government I
.___ __ ..__d_e_gr_e_e_i_n_v_o_g_a_a_n_d_n_a_tu_r_o_p_a_th_Y_·----- --'-R_e_c_o_g_n_iz-ed_ u_n __ iv_e_r_s1_tv_1_n_1_nd_i_a __ ~J
PARTB
Every person possessing any qualification not mentioned in Part A on the basis of which his
name has been registered in the Yoga Board or Council established by any State Government
within the Indian Union.
S. M. BUZAR BARUAH,
Commissioner & Secretary to the Government of Assam,
Legislative Department, Dispur, Guwahati-6
Guwahati :- Printed and Published by the Dy. Director (P & S), Directorate of Printing & Stationery, Assam, Guwahati-21.
Ex. Gazette No. 363 - 400 + 10 - 10 - 04 - 2018 . (visit at-www.dpns.assam.gov.in)